CLA-2-87:OT:RR:NC:N2:206
Ji Eun Lee
S.A.M.C Customs Co., Ltd
11, Chungjang-daero (Keumhyun Bldg3-4F), Jung-Gu
Busan, KS012/48939
Korea, South
RE: The tariff classification of door module components from South Korea
Dear Ms. Lee:
In your letter dated September 19, 2018, you requested a tariff classification ruling, on behalf of Yeong Hwa Automotive Co., Ltd.
The items under consideration have been identified as a Gas Spring, Latch Assembly, Striker, and Cable, which are components of a door module used in motor vehicles.
The article identified as Part Number 2591062B, Customer Part Number 81840-J7710 and Item Description CD SF CNTR BAL & BRKT ASSY PTG RH is a gas spring for use in automobiles. The gas spring, also referred to as a pressure cylinder, functions to support the weight of an automobile tailgate as it opens and closes. It includes a steel wire compression spring, various steel spring controls, a gas strut and assorted fasteners. You state that as the gas strut pressure increases, the compression spring is increased and a spring control is pushed to open and close the tailgate.
You suggested classifying the gas spring in heading 8708 of the Harmonized Tariff Schedule of the United States (HTSUS), as parts of motor vehicles.
Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Section XVI Note 2 (g) excludes Parts of general use, as defined in note 2 to section XV, of base metal (section XV). Section XV Note 2(c) defines parts of general use as articles of heading 8301, 8302, 8308 or 8310 and frames and mirrors, of base metal, of heading 8306.
The gas spring is an article of heading 8302, HTSUS, and as such, cannot be classified in heading 8708, HTSUS.
The applicable subheading for the Gas Spring, Part Number 2591062B, will be 8302.30.3010, HTSUS, which provides for “Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork…Other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof: Of iron or steel, of aluminum or of zinc…Pneumatic cylinders for lifting, lowering, dampening or counter-balancing.” The general rate of duty will be 2% ad valorem.
The article identified as Part Number 2390645, Customer Part Number 76830-8D111 and Item Description A PY 17MY LOCK-ROD FLAP RH 8D111 is described as a latch assembly made of steel parts. The assembly includes a steel base plate, spring, rod, multiple parts making up the latching mechanism, and a plastic clip. The latch functions to open and close the side cargo door on a bus.
The applicable subheading for the Latch Assembly, Part Number 2390645, will be 8302.30.3060, HTSUS, which provides for “Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof: Of iron or steel, of aluminum or of zinc: Other.” The general rate of duty will be 2% ad valorem.
The article identified as Part Number 2490350B, and Item Description A JL SEAT STRIKER ASSY EXP is described as a striker. It is comprised of a u-shaped piece of metal that stands up on a metal base plate with two (2) holes and a clip. You state that the striker is attached to the interior vertical support between the front seat and back seat windows (the indoor B pillar) and functions to hold the nylon seatbelt strap when the seat is in the folded position.
The applicable subheading for the Striker, Part Number 2490350B, will be 8302.30.3060, HTSUS, which provides for “Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal; and base metal parts thereof: Other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof: Of iron or steel, of aluminum or of zinc: Other.” The general rate of duty will be 2% ad valorem.
The article identified as Product Number 9576926B and Product Name P UM CABLE-D/LAT I/S REL FRT EXP is a cable. You state that the cable transmits the operating force of the handle to open and close the door of the vehicle. It consists of an inner cable of steel, an outer casting, cover bushing (latch) and bushing (handle) of plastic, a Z-end (latch) and end (handle) of zinc, and a grommet and pad of rubber. The handle bushing and handle end connect to the knob (inside and outside) of the door to transmit force when the driver applies force to the handle to open the door. The inner cable, latch cover bushing and latch Z-end open and close the vehicle by using the operation force of the driver attached to the door of the vehicle (on the side of the latch).
You suggested classifying the cable in subheading 8708.29.1500, HTSUS, which provides for automotive door assemblies. Normally, a door assembly for a motor vehicle is comprised of a molded door panel, lock assembly, window lift assembly, and other mechanisms needed to operate the door. The cable under review is only a component of a door assembly, and as such, is not classifiable as a complete door assembly.
The applicable subheading for the Cable, Product Number 9576926B is 8708.29.5060, HTSUS, which provides for “Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories of bodies (including cabs): Other: Other: Other.” The general rate of duty will be 2.5% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, please contact National Import Specialist Liana Alvarez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division